On January 12, 2022, the Centers for Medicare and Medicaid Services (“CMS”) issued a proposed new rule (the “Rule”) which, among other things, may fundamentally change controversial Direct and Indirect Remuneration (“DIR”) fees about... Read More
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Independent pharmacies in Texas have significant protections from unfair practices by Pharmacy Benefit Managers (PBMs) in the form of HB 1919 and HB 1763. As previously discussed by Frier Levitt, HB 1763 provides Texas pharmacies with safeguards... Read More
Antitrust Tools Available to Combat PBM Abuse of Pharmacies | Blogs & Articles | DIR Fees | Life Sciences | Pharmacy Law | Plan Sponsor PBM Contract Services

Since going into effect on October 1, 2021, North Carolina Senate Bill 257 (SB 257) has provided independent pharmacies with significant protections against unfair PBM conduct and improved the landscape for pharmacies in North Carolina. The most... Read More
Antitrust Tools Available to Combat PBM Abuse of Pharmacies | Blogs & Articles | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | Life Sciences | Pharmacy Law

With the new year here, so come new challenges for independent pharmacies. But in addition to new challenges, there is also good reason for independent pharmacies to be optimistic about opportunities ahead and solutions to some of the challenges... Read More
Antitrust Tools Available to Combat PBM Abuse of Pharmacies | Defending Pharmacies in PBM Audits | Life Sciences | Pharmacy Law

In the patent infringement case Amarin v Hikma, the plaintiffs, a biopharmaceutical company, alleged induced patent infringement against both the generic manufacturer for its skinny label not carving out the patented indications sufficiently and the... Read More
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On December 31, 2021, Governor Hochul signed S. 3762/A. 1396 into law, one of the most comprehensive Pharmacy Benefit Manager (PBM) laws in the country. Frier Levitt previously reported on this bill as part of a suite of bills passed by the... Read More
Antitrust Tools Available to Combat PBM Abuse of Pharmacies | Chain Pharmacies | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | Life Sciences | MAC Pricing & Appeals | Pharmacy Law | Pharmacy Transactions | Plan Sponsor PBM Contract Services

Since CVS Caremark (“Caremark”) introduced the aberrant quantities list (the “List”) in 2019, Caremark has been adding more drug products to the List every year.  It now includes nearly 800 drug products and Caremark has been flagging... Read More
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Pharmacy Benefit Managers (“PBMs”) are third party companies that contract with Plans/Plan Sponsors including self-funded employers and government entities to administer and manage prescription drug benefits.  In doing so, PBMs maintain network... Read More
Blogs & Articles | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | Digital Pharmacies | Life Sciences | Pharmacy Law | Plan Sponsor PBM Contract Services

It is well within standard pharmacy practice to always maintain a well-stocked inventory to support the dispensing of expected prescriptions. In fact, many PBMs will require that pharmacies have sufficient inventories of a diverse range of drug... Read More
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As PBMs regularly review claims submitted by pharmacies participating in their retail networks, pharmacy providers can often find themselves at risk for claim recoupment over seemingly minor issues. Frier Levitt recently assisted a California-based... Read More
Blogs & Articles | Community, Retail Pharmacies | Defending Pharmacies in PBM Audits | Digital Pharmacies | Life Sciences | Pharmacy Law